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  1. #1
    Join Date
    Jul 2008
    Posts
    4

    Default Advice on MIP Infraction

    My question involves criminal law for the state of: California

    Hi i recently received an MIP infraction in the Orange County, California. I was at a beach house party and me and a few other friends decided to go walk around the beach, but when we did we were stopped by the police and I was given a ticket for a MIP of a can of beer. This is the first time I have ever been in trouble with the police and I have no records of any previous crime or ticket or anything. I am 17 and the ticket has the box checked saying to be notified...that my parent/guardian would be contacted by the police dept. rather then having checks in the boxes that made me report to a court. The officer wrote that i broke the law 25662 (a) B+P for having a can of beer. Can anyone help me by telling me what penalty i will most likely get? Also since the ticket didn't give a court date or anything, does that mean I won't have to go to court and that I would only have to pay a fine? Also since I wasn't driving or anywhere near a car, what will happen to my license because of this infraction? I would also like to add that i turn 18 in about a month, if that matters at all. Any advice is greatly appreciated

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Advice on MIP Infraction

    Quote Quoting vp123
    View Post
    I am 17 and the ticket has the box checked saying to be notified...that my parent/guardian would be contacted by the police dept. rather then having checks in the boxes that made me report to a court.
    That's correct ... you will be notified by the agency or by Juvenile Probation (depending on the programs in place in Orange County these days).

    The officer wrote that i broke the law 25662 (a) B+P for having a can of beer. Can anyone help me by telling me what penalty i will most likely get?
    Here ...

    25662. (a) Any person under the age of 21 years who has any
    alcoholic beverage in his or her possession on any street or highway
    or in any public place or in any place open to the public is guilty
    of a misdemeanor and shall be punished by a fine of two hundred fifty
    dollars ($250) or the person shall be required to perform not less
    than 24 hours or more than 32 hours of community service during hours
    when the person is not employed or is not attending school.

    Also since the ticket didn't give a court date or anything, does that mean I won't have to go to court and that I would only have to pay a fine?
    You MAY have to go to court ... especially if you do not agree to whatever diversion program might be provided for you. You may well have to also attend alcohol counseling or some such thing as well.

    Also since I wasn't driving or anywhere near a car, what will happen to my license because of this infraction?
    It's actually a misdemeanor.

    CVC 13202.5 states ...

    13202.5. (a) For each conviction of a person for an offense
    specified in subdivision (d), committed while the person was under
    the age of 21 years, but 13 years of age or older, the court shall
    suspend the person's driving privilege for one year
    . If the person
    convicted does not yet have the privilege to drive, the court shall
    order the department to delay issuing the privilege to drive for one
    year subsequent to the time the person becomes legally eligible to
    drive. However, if there is no further conviction for an offense
    specified in subdivision (d) in a 12-month period after the
    conviction, the court, upon petition of the person affected, may
    modify the order imposing the delay of the privilege. For each
    successive offense, the court shall suspend the person's driving
    privilege for those possessing a license or delay the eligibility for
    those not in possession of a license at the time of their conviction
    for one additional year.

    So, if it goes to court, your license "shall" be suspended.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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